Oklahoma § 17-160.14 - Decommissioning of wind energy facility

§ 17-160.14. Decommissioning of wind energy facility

A. The owner of a wind energy facility shall be responsible, at

its expense, for the proper decommissioning of the facility upon

abandonment or the end of the useful life of the commercial wind

energy equipment in the wind energy facility.

B. Proper decommissioning of a wind energy facility shall

include:

1. Removal of wind turbines, towers, buildings, cabling,

electrical components, foundations and any other associated

facilities, to a depth of thirty (30) inches below grade; and

2. Disturbed earth being graded and reseeded or otherwise

restored to substantially the same physical condition as existed

prior to the construction of the wind energy facility by the owner,

Oklahoma Statutes - Title 17. Corporation Commission

excluding roads, unless the landowner specifically requests in

writing that the roads or other land surface areas be restored.

C. The decommissioning of the wind energy facility, or

individual pieces of commercial wind energy equipment, shall be

completed as follows:

1. By the owner of the wind energy facility within twelve (12)

months after abandonment or the end of the useful life of the

commercial wind energy equipment in the wind energy facility; and

2. If the owner of the wind energy facility fails to complete

the decommissioning within the period prescribed in paragraph 1 of

this subsection, the Corporation Commission shall take such measures

as are necessary to complete the decommissioning.

D. A lease or other agreement between a landowner and an owner

of a wind energy facility may contain provisions for decommissioning

that are more restrictive than provided for in this section.

Added by Laws 2010, c. 319, § 4, eff. Jan. 1, 2011.

§17-160.14A. Renewable energy recycling facilities — Annual report

— Evidence of financial security.

A. The owner of a renewable energy recycling facility shall

submit an annual report to the Public Utility Division of the

Corporation Commission no later than February 1 of each calendar

year for the immediately preceding calendar year. The report shall

include a current total inventory of renewable energy components

accepted for recycling, but not yet recycled, as of the end of the

reporting period and an estimated timeline for the finality of

recycling of those renewable energy components. The report shall

also include the estimated costs for completing the recycling of the

reported inventory within the estimated timeline. Provided, the

estimated costs associated with the recycling of wind turbine blades

shall be reported independently from the aggregate cost estimate.

The report shall be submitted in the manner and form prescribed by

the Commission.

B. The owner of a renewable energy recycling facility shall

submit to the Public Utility Division of the Commission evidence of

financial security to cover the anticipated costs of recycling the

reported inventory, including wind turbine blades, during the

upcoming calendar year. Evidence of financial security may be in

the form of a surety bond, collateral bond, parent guaranty, cash,

cashier’s check, certificate of deposit, bank joint custody receipt,

or other approved negotiable instrument as established in rules

promulgated by the Corporation Commission. Evidence of financial

security shall be submitted within ninety (90) days of the renewable

energy recycling facility taking control of any renewable energy

components to be recycled.

Oklahoma Statutes - Title 17. Corporation Commission

C. The amount of financial security shall be one hundred

twenty-five percent (125%) of the estimated total cost of recycling

reported pursuant to subsection A of this section.

D. The Public Utility Division of the Commission shall post on

the website of the Commission a list of those renewable energy

recycling facilities that have submitted the report and evidence of

financial security in accordance with the provisions of this

section. An owner of a wind farm operation that chooses to send

wind turbine blade renewable energy components to a third-party

recycling facility located in this state shall utilize renewable

energy recycling facilities listed on the Commission website.

E. If the owner of a recycling facility fails to submit the

information required by this section, the owner shall be subject to

an administrative penalty not to exceed Five Hundred Dollars

($500.00) per day.

F. Each recycling facility shall submit an annual registration

fee of One Thousand Dollars ($1,000.00) per year to the Commission

at the time of the annual report filing to cover the cost of

implementing the provisions of this section.

Added by Laws 2023, c. 345, § 1, eff. Nov. 1, 2023.